When does the board of directors need to pass a capital increase resolution, and what is its purpose?
Antwort
If the company’s articles of association provide for a capital range (Kapitalband), the board of directors may issue new shares within this range without requiring an additional resolution from the general meeting. To actually carry out such a capital increase, however, the board must adopt a formal implementation resolution. In this resolution, the board determines how many new shares will be issued, at what issue price, and on what date the increase takes effect. The resolution therefore serves to implement the authorisation granted by the capital range and must be formally recorded in writing. The capital increase resolution provides the legal basis for notarisation and registration of the capital increase in the commercial register.
Weitere relevante Fragen
Is the Communication Generator free to use?
Yes. The Communication Generator is free to use.
Does every shareholder or member qualify as a beneficial owner?
No. The fact that a company requests information from a shareholder or member does not automatically mean that this person is a beneficial owner. Indirect structures, acting in concert and other means of control may also be relevant.
Does the Communication Generator identify the beneficial owners?
No. The generator supports communication and information gathering. The actual assessment of who qualifies as a beneficial owner and who must be reported to the transparency register takes place afterwards. Konsento’s Transparency Register Reporting Assistant can be used for this assessment.